Geraldine Burley v. Jeffery Gagacki
2013 U.S. App. LEXIS 18577
| 6th Cir. | 2013Background
- In June 2007, DEA and local officers raided the Burleys’ Detroit home as part of Operation 8 Mile, wearing masks to conceal identities.
- Plaintiffs Geraldine and Caroline Burley alleged excessive force and Fourth Amendment violations.
- The district court granted summary judgment for Wayne County and state/local defendants, and later granted judgment as a matter of law for federal defendants, with costs and supersedeas bond issues pending.
- Plaintiffs alleged the federal defendants personally participated in the raid and used excessive force, while the defendants argued lack of personal involvement and qualified immunity.
- A key issue was whether the concealment of officer identities and delayed disclosure shifted burden of production and allowed inference of involvement at trial.
- The appeal sought reversal on several rulings and remand for further proceedings consistent with the opinion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether sanctions for discovery violations were proper | Burleys sought default; federal defendants delayed disclosure | No court order compelled disclosure; proper response allowed | No reversible error; default sanction improper was upheld as not warranted. |
| Wayne County liability for Monell claims | Wayne County failed to train or supervise; FOIA policy issue | DEA policies controlled; Wayne County not liable | Wayne County not liable under §1983; no applicable Monell liability. |
| Liability of state/local defendants for excessive force | State/local defendants were present and may have used force | Entry team was the DEA; state/local limited to perimeter security | No personal involvement; judgment for state/local defendants affirmed. |
| Judgment as a matter of law against federal defendants | Voice-recognition evidence could show involvement | Credibility issues precluded LMS; no direct evidence | Reversed; genuine issues of material fact preclude JMOL; remand for trial. |
| Costs and supersedeas bond on appeal | Costs/supersedeas should be stayed | Bond appropriate to stay; district court order proper | Costs and bond order vacated on remand. |
Key Cases Cited
- Monell v. Dep't of Soc. Servs., 436 U.S. 658 (U.S. 1978) (municipal liability requires policy or custom causing deprivation)
- City of Canton v. Harris, 489 U.S. 378 (U.S. 1989) (failure to train must show related to injuries)
- Ashcroft v. Iqbal, 556 U.S. 662 (U.S. 2009) (personal liability requires pleading with particularity)
- Dubner v. City & County of San Francisco, 266 F.3d 959 (9th Cir. 2001) (burden-shifting when officers conceal identities to identify liable actors)
- Ghandi v. Police Dep’t of Detroit, 747 F.2d 338 (6th Cir. 1984) (mere presence at scene not sufficient for liability)
- Floyd v. City of Detroit, 518 F.3d 398 (6th Cir. 2008) (failure to intervene liability standard)
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (U.S. 1986) (credibility determinations are jury function; weigh evidence cautiously)
- Jackson v. Quanex Corp., 191 F.3d 647 (6th Cir. 1999) (JMOL standard; review of evidentiary sufficiency)
- Ashcroft v. Iqbal, 556 U.S. 662 (U.S. 2009) (pleading standard for federal claims)